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JOINT COMMITTEE ON ECONOMIC REGULATORY AFFAIRS debate -
Tuesday, 28 Apr 2009

Value for Money: Discussion with Commission for Energy Regulation.

Our next item is a discussion with Mr. Michael Tutty, chairman of the Commission for Energy Regulation. I welcome Mr. Tutty and commissioners Mr. Tom Reeves and Mr. Dermot Nolan. Apologies have been received from Mr. Eugene Coughlan.

I draw the witnesses' attention to the fact that members of the committee have absolute privilege but the same privilege does not apply to witnesses appearing before the committee. Members are reminded of the long-standing parliamentary practice that they should not comment on, criticise or make charges against a person outside the House or an official by name or in such a way as to make him or her identifiable. I propose to hear a short presentation by Mr. Tutty, to be followed by questions and answers.

Mr. Michael G. Tutty

I understand the presentation has been circulated. We heard the Chairman's interview on radio this morning and realised we are not covering the main item in which he is interested. However, we will be more than happy to discuss prices and related developments later in the meeting.

We were asked to talk about value for money so the presentation sets out how we see value for money being achieved by CER in the energy sector. We have set out all our statutory responsibilities to show how we have evolved over time. We started as an electricity regulator and gas was added to our remit in 2002. Nearly every year since then there have been statutory instruments or legislation adding to our responsibilities. In recent times, legislation has been enacted to set up the single electricity market and to give us responsibility for electricity and gas safety.

Our expenditure reached a peak in 2007 when we set up the single electricity market but it has reduced since then. Our expenditure in 2008 fell a good bit behind our expectations because some things were postponed, which is why our expenditure for 2009 is above the 2008 level but is still below the 2007 level. Our income is totally derived from a levy on market participants. We do not have any Exchequer funding and any income unspent at the end of the year is deducted from the following year's levy. This year the levy is small because we had a substantial carry-over from last year. We have financial controls in place to ensure efficiency and reduce costs. In particular, we have annual internal and external audits. We set up an internal audit, which is outsourced, because we are too small an organisation to have full-time internal audit staff. We have changed our internal auditors in the past year and they examine various different issues each year.

Our overall cost amounts to €2.50 per annum for each citizen because gas and electricity safety is important for all citizens. The CER applies a cost of €2.50 per annum but there are significant benefits from having a regulator. In particular, we give value for money by driving cost savings in the regulated companies. We sit on the monopoly companies such as ESB Networks and Bord Gáis transmission and distribution reviewing their costs and seeking better value from them all the time. We are also improving the market. We were set up to try to open up the electricity and gas markets and to move away from monopolies. There is competition now in almost all the sectors and that has brought improvements for the consumer in price and service and increased choice. Electricity and gas safety is important for everybody. Everyone will recall the most recent gas incident when a house in a Dublin suburb was blown up. We try to make sure everything is done properly by Bord Gáis and the gas and electricity installers to avoid dangers to the public.

I refer to value for money and different elements in the generation of electricity. We set up the single electricity market bringing together the markets in the North and South. The studies on that suggest the benefit over a ten-year period will amount to approximately €150 million. That will result from having the cheapest generators used at all times to meet demand on an all-island basis. On the networks, which are still a monopoly, the average unit cost will have reduced by approximately 25% between 2000 and 2010, resulting in savings of more than €1 billion.

Competition has been introduced in the supply side, particularly for business users. There has been good competition for some years and the residential electricity market has finally opened up in recent months with Bord Gáis and Airtricity coming in and offering savings of up to 14% on ESB prices. The consumer has reacted well with more than 100,000 customers switching so far. With regard to gas, under our determination of costs, there will be savings of 12% or more than €200 million between 2007 and 2012. Gas users are also benefitting from competition with lower prices being offered by Flogas and Energia than Bord Gáis.

The single electricity market is the first cross-border market of its kind in the world. It is, therefore, an innovative development and we expect it to lead to more integration with the UK market. We are trying at the moment to ensure a good market on this island. Security of supply, which is important, has been maintained and enhanced during our period in office, despite the annual growth in demand of between 3% and 5%. Growth is reducing currently but we have succeeded in avoiding severe outages, unlike what happened in various parts of Europe, California and the north east USA in recent years. Our high quality reliable supply is attractive to business. Companies such as Intel need a secure electricity supply.

On the renewables front, we have moved ahead well. We have gone from having 248 MW of renewables on the system in 2001 to 1,445 MW in 2009 and we are on the way to meet the 40% target by 2020, particularly through the latest round of wind connections offers, which will go out over the next year to provide an additional 3,900 MW.

An important development is the asset strategy agreement we have with the ESB for it to divest a number of its power plants. This was designed to open up greater competition in the generation market. The company was to reduce its share to 40% of the market. We were pleased that Endesa, a large Spanish utility, purchased the power plants. The ESB share is down to 35% on an all-island basis and 45% in the Republic of Ireland. Prior to the CER being established, there had been little investment in the networks in the previous 20 years largely because the ESB did not receive sanction for price increases and it did not have money to invest. The networks were in a dilapidated state in 2000. Since then approximately €5 billion has been invested in electricity networks. No NDP funding was provided and, therefore, this was funded by the consumer. The reliability of the electricity system has improved significantly due to this investment. For example, customer minutes lost has reduced by 60% since 2002 and complaints about low voltage have reduced by 48%. These issues have been significantly resolved.

In recent times we have pushed for the development of an interconnector with the UK. We are glad the contract for an interconnector between Ireland and the UK was finally signed recently between EirGrid and ABB. Studies by us and EirGrid suggest there will be a net benefit of €400 million over the life of the interconnector. The retail market has been open since 2005. There have been good developments at the business end, but things were slow at the residential end. As I said, however, competition has finally developed in the residential sector and we look forward to further development so that there is competition in all areas and people have a choice of suppliers.

I will hand over to Tom Reeves, who will go over the last few areas that we want to discuss.

Mr. Tom Reeves

We tend to look mostly at electricity, but there have also been significant developments in gas. Just as we have a single all-Ireland electricity market, we are working towards a single all-Ireland gas market, which we call the common arrangements for gas. It is a much less complicated task but still an important one and work is progressing. As with the electricity networks, there is large investment in the gas networks and many towns are being connected. The supply market is open, perhaps not to the same extent as the one for electricity, but Energia and Flogas are now active in the market, as are smaller companies at the business end of the market. We expect the Corrib gas field to come on stream in the next year or so and a major project called Shannon LNG is under development in the Shannon Estuary, LNG standing for liquified natural gas. If both projects come to fruition we will have an important input to Irish gas supply for many years to come.

The Commission for Energy Regulation was set up as an economic regulator but we were given some other duties recently, as Michael Tutty pointed out. Customer protection is an important issue for us and we resolved more than 1,000 complaints and queries last year. That is a low number given that 2.1 million residential customers each get six bills a year. We insist that the companies sort things out themselves before they come to us, but we have made customer protection a key focus and priority. We insist that the companies have the highest possible standards in the area.

Uniquely among economic regulators in Europe, we have also been given a responsibility for safety. We have been working towards that and are almost ready to go with all aspects of it. As of 26 June we will have in place a system whereby all gas installers and electrical contractors must be registered with the regulatory bodies we have appointed to oversee the matter. Licensees and operators in the market will have to produce what we call safety cases. That system is almost in place and we have already started to carry out some audits. It is only when there is an accident that we hear about that important area, but it is a big area of activity for us.

The final slide is on future challenges and shows lots of other things we are doing. An important issue that is always mentioned is smart metering. Ideally, we should get out of end-user price regulation and let the market work as fairly and freely as possible, and we will work towards that. The Government's renewables target will also be a focus for us in the coming years. We want to continue working on all these matters. Energy continues to evolve and change. It is a volatile sector, but we continually aim for competitiveness, a clean environment and, in particular, security of supply.

I thank the delegation. One of the public's main concerns about the Commission for Energy Regulation, particularly in the past 12 months, is that the huge reduction in the cost of raw materials such as oil has not led to a corresponding reduction in the cost of energy. Is the regulator responding quickly enough to what is happening in the international markets? An awful lot of people are concerned about that. I ask the delegation to comment on that as they answer the committee's questions.

I join the Chairman in welcoming the delegation. On elementary pricing policy, if prices are allowed to increase substantially or are kept at a higher level for some reason within the energy industry, that has economic implications for those in the broader economy who use significant amounts of energy. What regard is taken of that impact when decisions are made?

On the issue of alternative energy sources, researchers are developing new methods, particularly for solar panels. We must facilitate individuals to invest in wind turbines, particularly on a small scale. Is the delegation happy that there is enough harmony in the working relationship between individuals and the ESB? Could improvements be made to encourage individuals and perhaps community groups to invest?

Perhaps the delegation could respond to Deputy Kirk. We will then go to Deputy Kieran O'Donnell.

Mr. Michael G. Tutty

Does the Chairman want me to respond to his question as well?

Mr. Michael G. Tutty

To some extent, it is connected to Deputy Kirk's first point. We must look back and consider how energy prices have changed. For a long time, the practice of energy utilities in Ireland and other countries has been to buy fuel in advance and offer the consumer fixed prices for periods of up to a year. It can be different for large energy users, who can decide to have much more flexibility, but I will come back to them. The practice of buying in advance results in the price to the consumer not following the monthly ups and downs of the oil, gas or coal price. That is different from the way in which the petrol market works, because the effects of changes in the petrol price do come through. People complain that they do not come through quickly enough. We are not responsible for that, but there are certainly ups and downs. Even since Christmas, the price I pay at the pumps has increased by about 15 per cent from the low 90s to 106 or 107 cent. When energy prices are fixed for a period, price increases are usually passed on but price reductions are usually delayed. Everyone would like to have perfect foresight and be able to spot the downs so that they buy in advance only when prices are increasing, but that is not a likely scenario.

What happened in Ireland in the past two years? Prices for both electricity and gas were reduced in late 2007, the electricity price by 5.4% and the gas price by 11%. At that time, fuel prices on the world markets were already increasing and the petrol price was beginning to increase. Those prices continued to increase until August 2008 or thereabouts, but gas and electricity prices did not increase at all. They remained at the level to which they had been brought down in late 2007.

In mid-2008, when we would usually have considered changing prices in the following October, it became clear that, given the very high prices that fuels had reached, there was a danger of a significant price increase of the order of 40% in the autumn. Together with the ESB and Bord Gáis, we decided to have an earlier increase than normal but to cap it at a level well below what was likely to happen in October. On 1 August, we had an increase of 17.5% in electricity prices.

With our encouragement, and following discussions, the ESB agreed to subsidise prices by €300 million for the coming year in order to keep prices down. That subsidy will apply up to the end of September. We had a 17.5% increase in electricity, 20% in gas and we agreed that we would review the prices again in November 2008 to see what was needed in January. Luckily when the review took place, the commodity price was coming down on world markets and to the extent that ESB and Bord Gáis had not already bought all the fuel they needed for the current year, they were benefiting from that and we found that there was no need for any further increase. The only increase that took place in 2008 was 17.5% on electricity and 20% on gas, at a time when in the UK the average price of gas went up by 48% and the average price of electricity rose by 28%. Price increases in Ireland were well below those of the UK.

In December 2008 we stated there was no need for further price increases but that we would review the prices again if there were significant changes in the underlying costs for ESB and Bord Gáis. We carried out a further review in February and issued results in March. At the time we had told the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, that based on the way world market prices were going there was a likelihood that price reductions were coming from 1 October, the beginning of the next energy year. He asked us to look at whether it was possible to bring those price reductions forward and we focused on that in February and March.

We found there was no scope to do so on the electricity side based open costs for bringing the price of electricity down and that the price charged was what was needed to cover the ESB's costs up to the end of September. However, we decided that we would bring forward the reduction that could take place in October in a way that would not damage the market. It was effectively ESB, through the networks, bearing the cost of the 10% reduction from 1 November until the end of September and then recovering the lost revenue next year. What this in fact was doing was allowing us to have a 10% reduction now instead of a slightly larger reduction from 1 October next. That reduction of 10% will take effect on 1 May 2009.

On the basis of the way gas and coal prices are going, from 1 October, which will be our next review date, prices are unlikely to change. That is on the assumption that there will be no further subsidy from the ESB. Members will recall that the €300 million subsidy is keeping prices down by approximately 10% for everybody. If the ESB was in a position to subsidise prices for everybody again next year, there could be price reductions but, the recent announcements of its financial results shows that it is not in as good a position now as it was, even without mentioning its pension deficit. There will be further discussions on that before next October.

We found there was scope for a 12% price reduction in the gas price because Bord Gáis had earned more money than it had been expecting, largely because of the cold winter and it had been able to buy the additional gas over and above what it had contracted for at a lower price. This revenue would normally have been passed on to the consumer from 1 October next, the next normal review period. However, we got agreement that it should be brought into effect now in order to give an immediate reduction in gas prices from 1 May. We will review the gas price again on 1 October and we would expect that there will be scope for a further price reduction of up to 10% or so.

As I stated, prices came down at the end of 2007, went up in mid 2008 and are coming down on 1 May. From 1 May 2009, prices will be back at the level they were at the beginning of 2007.

I mentioned earlier that major users tend to negotiate more flexibility in their prices. We understand that a large number have benefited from the full reduction in gas and coal prices on world markets but if they were on flexible tariffs, the price rise was at a much higher level following the prices on the world markets — much higher than the 17.5% and 20% that those on fixed tariffs went up by. It is a case of swings and roundabouts.

We know that everybody would like to delay price increases as long as possible and have price reductions as quickly as possible. We would like to do that too, but the companies cannot have perfect foresight of where world market prices are going, particularly with the volatility in the market. It may be more feasible to have prices changing much more regularly in the future but that has not been the pattern up to now. This year there will be three reviews of prices with three potential price changes. The commission has never done this before.

Deputy Kirk implied that the Commission for Energy Regulation was keeping prices at high levels for various reasons. We totally reject this comment every time it is made and state that the commission has never kept prices artificially high. The commission keeps prices at a level that will cover the costs of the ESB and Bord Gáis and will give them a normal return on investments. The commission does not put prices up artificially. If we did, it may have generated competition in the market quicker. We are careful not to do that but at the same time, we do not allow the ESB and Bord Gáis to sell below cost because that will drive out any possibility of competition and could only be continued for a short period anyway. It is always a temptation for an incumbent to drop its prices whenever a new company, such as Bord Gáis or Airtricity, comes on the scene to prevent the new entrant from being able to compete. We ensure companies charge the right price while at the same time ensuring they do not charge too high a price.

On the issue of alternative sources of energy, the commission is doing all it can to facilitate renewable investment. I mentioned the 3,900 MW of wind energy that are being offered space on the system. A major problem in developing renewables is getting the networks built to facilitate them. EirGrid and ESB Networks are moving as quickly as possible on that front. For small-scale units, microgeneration in particular, we have been trying for the past 12 months at least to get ESB-PES, the supply side, to put up a price to buy the output from the microgenerators. We have said we will allow new meters to be installed in any microgenerator free of charge for the first particular number of units. ESB-PES brought forward a tariff in recent times, on top of which the Minister has announced a subsidy to encourage the installation of microgenerators and the sale of their output on the market.

One of the drawbacks, apart from needing new meters, is that people expect they can get as much for their output into the system as they pay for the electricity they import. However, the cost of what they import covers more than the energy costs. They are paying the cost of the networks, the cost of supply, etc, and they are usually exporting at a time when the value of electricity is reasonably low. Very few seem to know that the price of electricity varies every half an hour. It is very high at peak times between 5 p.m. and 7 p.m. and very low at 3 a.m. because not much electricity is being used. Many of the microgenerators use it from 5 p.m. until 7 p.m. and want to sell it on the market when there is not much demand for it. We must be reasonable about the price people can expect to receive for what they are putting on the market. The Minister has announced a subsidy on top of what the ESB is willing to pay on a commercial basis and we expect significant developments as part of the pilot study of smart meters under way. We have certainly said all the microgenerators will have smart meters, even if they are not involved in the pilot study.

Deputy Kirk asked whether there was harmony between the ESB and EirGrid. We are not aware of any problems.

I was referring to small microgenerators and applicants and the ESB.

Mr. Michael G. Tutty

The problem has been finding somebody who is willing to buy the output from these generators. At least now there is somebody willing to pay a price for it. That should help the market to develop quickly.

Is there potential for high energy users to invest in generation at a location not immediate to the point of use, feed it through the national grid to be drawn off at different points around the country?

Mr. Michael G. Tutty

No proposals have been brought forward for what would effectively be private networks which would generate electricity and supply it to industries in a certain area. From a legislative point of view, that is not possible and, from what we have seen abroad, it does not work very well. There is no problem with a company having its own generator on site and supplying itself. The initiative to which I referred was one where a number of companies in an industrial estate generated on site and distributed to each company without going through the main network. There are difficulties from a legislative point of view with the scenario described by the Deputy where companies would use the networks in place around the country. They may expect not to have to pay for those networks. They may believe that because they are generating electricity and using it on site there should be no charge. It is the kind of issue that is being looked at, but the most important one is that people who are generating on site can generate all they want for their own use. If they want to sell to the market, there is the issue of what connection is available and whether there is capacity to take it. That is something that is being actively examined, but we have no proposals on the table from individual companies which want to do this. We have had talks with the IDA and SEI on the subject in recent times.

I welcome Mr. Tutty, Mr. Reeves and Mr. Nolan. I want to zone in on the issue that concerns the ordinary man and woman in the street and businesses, namely, price. Mr. Tutty dealt with the issue. On the face of it, the price is determined by the price at which the energy providers bought their fuel, plus the normal rate of investment return. What is deemed to be a normal rate of investment return? Normally, one would expect the market to dictate the price rather than the provider. I am aware the providers are buying and the concern is that this leads to inefficiencies. If the energy providers buy on the world market without depending on a level of skill in anticipating the market, effectively they can afford to buy at any price. That is the public perception. This is not personal. We are here to represent the public and the public's perception is that the providers state they have bought fuel at a certain price and want a certain return on it and that determines the price. It has been mentioned that ESB and gas prices will be going down by 10% and 12%, respectively, on 1 May. However, they went up by 17.5% and 20%, respectively, last September. That is a net increase of 17.5% and 8.5%. That does not sit with the general reduction in world oil prices. What I want to know is whether, in the process that is gone through to determine the price, there is any benchmarking against the price in other countries, given that we have the highest energy costs in Europe.

One of the key factors in terms of small businesses surviving is the cost of energy, be it gas or electricity. They are entitled to the lowest price possible. However, when they look at world markets, they are not seeing them reflected in the prices they are paying to the service providers and they are asking questions. I would like to know what the process is.

Mr. Michael G. Tutty

There are reasons we have relatively high energy costs. Primarily, it is because of our fuel mix and the fact that we are heavily dependent on imported gas and coal for our electricity. Our gas costs are in line with the rest of Europe but having to transport it via the UK pipeline adds to the cost. When fossil fuel prices were very low, such as in the 1990s, this did not cause a problem but when they are very high, countries such as us and Italy, which are very dependent on fossil fuels, inevitably have higher prices. There is no magic wand we can wave to change that as we do not have much scope for hydro-electric power and we have ruled out nuclear power. There is nothing we can do other than develop wind and wave technology which, over time, can help us. We recently published a study on the effect of wind in the single electricity market, assuming 40% consumption in 2020. The results show that, depending on fuel prices, there would be a reduction of 15% in the wholesale price of electricity. That figure, however, is subject to several caveats.

Wave energy is not currently economic, though it may develop over time.

I presume Mr. Tutty has read the Fine Gael document.

Mr. Michael G. Tutty

Yes. We cannot immediately wave a magic wand and bring down prices without telling every supplier in the market to lose money.

The kernel of my question is whether an energy supplier who is inefficient or has a lack of skill in buying fuel should be rewarded with a standard rate of return.

Mr. Michael G. Tutty

We have set criteria for Bord Gáis and the ESB relating to how they purchase their electricity and gas.

Does CER specify when electricity and gas should be bought?

Mr. Michael G. Tutty

We specify that purchasers of gas do so gradually over a period. They are already in the process of buying gas for next year. If they can do better than follow our standard they can do so and the consumer will gain as a result. The single electricity market makes things a little different in that we require PES, the public electricity supply section of the ESB, to comply with legislation for an economic purchase obligation. It has to be able to show that electricity it intends to supply onwards is purchased on an economic basis.

A vote has been called in the Dáil.

What does CER deem to be a normal rate of return?

Mr. Michael G. Tutty

The rate we set for the ESB is 5.6%.

And for Bord Gáis?

Mr. Michael G. Tutty

It is slightly lower. It represents a return on assets and on the investment they have in the networks but its margin on supplying electricity is just 1.3%.

Would Mr. Tutty agree that the ordinary businessman and residential consumer have difficulty reconciling the fact that, since September, the price charged by the ESB for electricity has risen by 7.5% and the price of gas by 8.5% while the price of oil has come down on the world markets?

Mr. Michael G. Tutty

The figures must be looked at over a longer period. The price increases were much lower than they would have been had suppliers followed world market prices on the way up. Prices are also coming down at a slower rate but we will get there. Consumers benefited significantly in 2007 and 2008 from the policy of buying in advance but they are not benefitting as much this time around. However, the price increases were much lower——

Businesses are on their knees and energy prices are crippling them. It is incumbent on CER to ensure everything possible is done to pass on lower prices to the end consumer. There is a perception among businesspeople that this is not happening.

Mr. Michael G. Tutty

I suggest it is happening and we have brought forward the electricity price reduction by selling below cost from 1 May to 1 October.

We have to finish because of the vote. I would appreciate it if Mr. Tutty would respond in writing to the last point. The perception that price reductions are not being passed on quickly enough is fundamental to our discussion.

When will the next review be carried out?

Mr. Michael G. Tutty

We will carry out the next review by 1 October.

If requested by the Minister, can CER carry out a review before that date?

Mr. Michael G. Tutty

Given that the costs companies face between now and then are fixed I do not see any possibility of reaching a different conclusion.

Is it within the scope of the CER to carry out a review at an earlier date?

Mr. Michael G. Tutty

Yes, but we have just finished one.

We will press for an earlier review.

The joint committee adjourned at 5 p.m. until 4 p.m. on Tuesday, 12 May 2009.
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